Jaworski v. Great Scott Supermarkets, Inc

Blair Moody, Jr., J.

(dissenting). The plaintiff was injured when she slipped and fell on cottage cheese which accidentally spilled in an aisleway of defendant’s store. Plaintiff claimed, inter alia, that the iharket was negligent in not discovering or removing the cottage cheese before the accident. The defendant responded that its employees discovered the danger only seconds before plaintiff’s fall and had no time to remove it. The defendant claimed as an affirmative defense that plaintiff was guilty of contributory negligence because she failed to look where she was going and to see the…